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ADA

Injury doesn’t necessarily mean employee is disabled

11/23/2016
Sometimes, employees misunderstand what it means to be disabled under the ADA and state disability laws.

Court: Sleep apnea test legitimate for truckers with high body mass index

11/14/2016
A federal appeals court has refused to reinstate a lawsuit over whether it constitutes an illegal medical test under the ADA to force someone with a high body mass index to undergo a sleep apnea test.

Always consider disability accommodations

11/14/2016
Even if you believe no accommodation is possible for a disabled worker, the ADA requires you to at least consider the possibility.

A short-handed Supreme Court declines one case, adds another

11/11/2016
The employment law cases the Supreme Court refuses to hear can be almost as important as those it decides.

Diagnosis alone doesn’t prove ADA disability

11/11/2016
It’s not enough that an employee alleges he or she has been diagnosed with what may be a disabling condition.

Accommodation requires completely new job? Disabled employee must give it an honest try

11/08/2016

Employers aren’t required to create new positions to meet a disabled employee’s needs, but they must consider the employee for open positions that he or she may be qualified to perform.

Disability doesn’t excuse worker misbehavior

11/08/2016
Don’t let an employee tell you he should be excused from appropriate workplace behavior because of a disability.

Boss: Prove you’re HIV-free. EEOC: See you in court

11/08/2016
Houston nightclub hotspot Diallo’s faces an EEOC lawsuit after the owner allegedly insisted an employee prove she was HIV-negative.

Disability and constructive discharge linked

11/02/2016
Disabled employees who quit when their employer refuses to consider possible reasonable accommodations may have a constructive discharge claim under the ADA.

Harassment causes disability? You must accommodate

10/27/2016
An employee could become so agitated that she develops an anxiety disorder that requires a reasonable accommodation—such as separating the harasser from her.